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SAN DIEGO (AP) — A military judge on Friday refused to dismiss the murder case of a decorated Navy SEAL, but found the prosecution's meddling in defense lawyer emails troubling enough to reduce the maximum penalty he faces.Capt. Aaron Rugh said an effort to track emails sent to lawyers for Special Operations Chief Edward Gallagher violated constitutional rights against illegal searches and the right to counsel by interfering with attorney-client privilege."It hampered the defense's opportunity to prepare for trial as they became necessarily enmeshed in discovery and litigation related to the operation, thereby harming the accused's right to competent counsel," Rugh said.RELATED: Judge refuses to toss war crimes case over misconduct claimsThe action also harmed the public's view of the military justice system and cast doubt on Gallagher's ability to give a fair trial, Rugh said.The ruling was the latest rebuke in one of the Navy's most prominent war crimes cases and came just days after the judge removed the lead prosecutor as the defense sought dismissal of the case for alleged misconduct in what they characterized as "spying."Rugh found the intrusion "placed an intolerable strain on the public's perception of the military justice system."RELATED: New date set for Navy SEAL murder trial"Applying its broad discretion in crafting a remedy to remove the taint of unlawful command influence," Rugh said he would remove the maximum penalty of life imprisonment without parole if Gallagher is convicted of premeditated murder. Gallagher could now face life in prison with a chance of parole.To relieve the "strain of pretrial publicity," Rugh also said he would allow the defense to reject two more potential jurors without cause during jury selection.Gallagher is scheduled to go to trial June 17 on murder and attempted murder charges.RELATED: Military judge releases Navy SEAL accused of murder before his trialNavy spokesman Brian O'Rourke said the Navy vows to give Gallagher a fair trial.On Monday, Rugh removed the lead prosecutor, Cmdr. Christopher Czaplak. He said it was not within his power to determine whether Czaplak engaged in misconduct, but the potential for a probe into his actions could present a conflict and required his removal.It is extremely unusual for a military judge to remove a prosecutor only days before the start of a trial. Gallagher had been facing trial on Monday until Rugh delayed it for another week.RELATED: Judge removes prosecutor from Navy SEAL war crimes caseLast week, Rugh unexpectedly released Gallagher from custody as a remedy for interference by prosecutors in the middle of a hearing on several defense motions.Rugh rejected allegations that prosecutors withheld evidence that could help his defense.The military justice system has won few war crime convictions and been criticized for being ineffective.Republicans in Congress have lobbied for Gallagher, saying he has been mistreated. President Donald Trump intervened to move Gallagher to less restrictive confinement in March and has considered dismissing the charges.RELATED: SEAL's trial delayed as defense seeks info on email snoopingGallagher pleaded not guilty to a murder charge in the death of an injured teenage militant in Iraq in 2017 and to attempted murder in the shooting of two civilians from a sniper's perch.He blames disgruntled platoon mates for fabricating complaints about him because they didn't like his tough leadership.Defense lawyers for Gallagher and his commanding officer, Lt. Jacob Portier, have said most of the court documents leaked to reporters have hurt their clients, so the sources are likely on the government side. But Rugh found no evidence of that.Portier has denied charges of conduct unbecoming an officer after being accused of conducting Gallagher's re-enlistment ceremony next to the militant's corpse.Rugh indicated he was misled about the effort to embed code in emails sent to the defense team and a journalist to track where those messages were sent to find the source of leaks that have plagued the case.He said he didn't have the authority to approve such a tactic and was led to believe Czaplak was working with federal prosecutors so his consent was not necessary.Rugh said he learned Friday that the U.S. attorney's office in San Diego had not approved or coordinated the tracking, defense lawyer Tim Parlatore said.Evidence at hearings last week showed an intelligence specialist from Naval Criminal Investigative Service conducted criminal background checks on three civilian lawyers and a Navy Times journalist who has broken several stories based on documents that are only to be shared among lawyers in the case.Parlatore, who was among the lawyers investigated, accused prosecutors of a "rogue, relentless, and unlawful cyber campaign" that may have violated attorney-client privilege and hurt his client's ability to get a fair trial.Czaplak downplayed the move, saying the code embedded in emails recorded nothing more than what marketers use to find out where and when messages were opened by recipients.The government said the investigation did not find the source of leaks. 5167

SAN DIEGO — Police are investigating multiple shootings that erupted in downtown San Diego Monday night.The gunfire was reported around 11 p.m. at several locations in the East Village neighborhood, about three blocks east of Petco Park's tailgate parking lot.A crew for Scripps station KGTV in San Diego was at the scene of one shooting at 15th Street and Island Avenue where several victims were being loaded into ambulances. Two other people suffering gunshot wounds were located near Market Street.No further information about the victims is available at this time.A witness told KGTV that he heard about a dozen gunshots coming from different locations and two vehicles speeding from the scene.It is unknown at this time if there are any other victims. San Diego Police Department Gang units are also on scene.The shooting happened not long after the San Diego Padres wrapped up their game against the Washington Nationals at Petco Park. 1015

SALT LAKE CITY — A football game scheduled for next weekend between Brigham Young University and the Army has been postponed due to a COVID-19 outbreak.The matchup was scheduled for Sept. 19 in West Point.BYU announced Saturday that a "mutual decision" was made to cancel the game after "a small number of positive COVID-19 test results and the resulting tracing exposures within the BYU football program."The conclusion was made after consulting with health officials and medical advisors."While we share the disappointment of everyone involved in the game between BYU and Army, safety as well as the physical and mental well-being of our student-athletes, coaches, staff and the opposing team is our top priority," BYU Athletic Director Tom Holmoe said.The teams are working to reschedule the game.BYU is the only Utah college that has not postponed its football season this year.The Cougars beat the Navy Midshipmen 55-3 in their opening game Monday and will face the Troy Trojans on Sept. 26 at LaVell Edwards Stadium in Provo.Army defeated Louisiana-Mornore 37-7 on Saturday to improve to 2-0.This story was originally published by Spencer Burt on KSTU in Salt Lake City. 1184

SAFETY HARBOR, Fla. — One of the hottest new cleaning products in the country comes from the naughty minds of two Howard Stern Show all-stars now living in Safety Harbor, Florida. But sorry, we cannot tell you the product’s name here.No, really. The name is kind of dirty.Let's just say it rhymes with “mittens.” If you really want to know, search for “shmittens” on Amazon. We’ll wait...These glove-shaped moist wipes were created a few years ago by a very funny couple: Richie Wilson and Rachel Fine. At first, the wipes were the perfect, cheeky Christmas stocking stuffer. “The name is what opens the doors,” says Richie, who says you can use his invention for cleaning babies, dogs or even office desks. “But once you see the use behind it, you realize it’s more than a gag gift.”Indeed! The wipes have gone viral recently. They appeared on a National Geographic special as a favorite of the military. After that, UNILAD, Good Housekeeping, Redbook and Yahoo News all chimed in.“We have a lot of people who send them overseas to the military,” says Rachel. “They don’t have access to showers all the time. They’re covered in sand.”With millions of clicks, the whimsical wipes sold out. They are now available again on Amazon, retailing for about a pack.For Richie, who made his name on one of the most popular radio shows in the world, the must-have cleaning product is bringing him a whole new fan base. “When I was on the Stern show, I had a certain type of audience,” Richie says laughing. “Now I’m on mom blogs!” 1562

SAN BERNARDINO (KGTV) - With their backs to the wall, facing elimination, an unforgiving heat, and trying to stave off fatigue from a rigorous schedule, the Park View Little League all-stars survived to play another game at the West Regional tournament in San Bernardino.Keyed by slugger Jose Mendoza and stellar pitching by Kainoa Baptista, the Green Monsters kept their postseason run alive while ending the Arizona Sunnyside Little League's hopes of advancing.  The squad from Chula Vista defeated Sunnyside 9-5 in an elimination game Tuesday afternoon.PVLL, which suffered its first loss of the postseason on Monday, took an early 3-0 lead on a first-inning three-run blast to right center by Mendoza.The Southern California champs broke the game open in the third inning.  Down two outs with runners on first and second, Aiden Skinner punched a deep single to right field scoring Jordan Bleisch.The long inning and blistering 108-degree heat seemed to wear down Arizona starting pitcher Cristobal Lorta.  Lorta started struggling with his form allowing Park View to extend their lead 7-0 on two wild pitches with runners on third and an RBI single to Conner Alonzo.Sunnyside's decision to keep Lorta on the mound in the fourth inning backfired when the leadoff batter, Ivan Rodriguez Jr., ripped the first pitch down the left field line for a double. Lorta then hit Mendoza and Makai Corpuz with a pitch leading to two more runs later in the inning.Arizona's last-gasp effort in their final turn at-bat shrunk Park View's lead 9-5 on a two-run homer by Jovanni Toledo but PVLL closer Atticus Gates to force a pop fly to left field for the final out.The Green Monsters won't get much time to enjoy their victory.  After playing three consecutive days in triple-digit heat, PVLL will return Wednesday night at 7 p.m. to face either Tri-City Little League of Northern California or Dixie Little League of St. George, Utah, in another elimination matchup.Park View may be favoring a match up against Tri-City.  The Green Monsters defeated the Northern California champs in a 16-8 rout that saw a grand slam and a pair of back-to-back homers from Rodriguez and Mendoza.  The winner of the West Regional advances to Williamsport, Pa., for the Little League World Series, which runs Aug. 16-26.10News' Jermaine Ong contributed to this report.-------------------------------------------NOTES  2477